Interpretation ID: nht92-2.39

DATE: November 10, 1992

FROM: Duane Bartels -- Commercial Vehicle Inspector III, MN State Patrol

TO: Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 5-21-93 from John Womack to Duane Bartels (A41; Part 566; Part 567)

TEXT: A person in the State of Minnesota has requested to change the seating in a 12 or 15 passenger van to a maximum of 10 passenger. This would change the original manufacturers rating of a "Bus" because the vehicle carries more than 10 to a vehicle classification of "MPV" which is designed to carry 10 or less persons.

His proposal to do this type of work is to remove and or modify seats so the van can only carry a maximum of 10 people. When seats are removed all fastening devices and holes in the floor will be removed or covered as not to allow a seat to be readily put back in the vehicle. When a seat is modified he either modifies the seat frame or does upholstery work to reduce the number of people that can sit in the seat. (ie: a 3 passenger seat to a 2 passenger seat or a 4 passenger seat to a 3 passenger seat). Extra seat belts are removed to comply with the new seating. There is no other work done to the structure of the vehicle.

This person will then affix an additional label of the type and in the manner as prescribed in 49 CFR 567.4.

By doing the above work to a vehicle, this person believes he is allowed to do such work and recertify the vehicle according to 49 CFR 567.7. 49 CFR 567.7 are requirements for persons who alter a certified vehicle by other than addition, substitution or removal of readily attachable components.

Before he is given permission to do this type of work, some questions need to be answered.

1. By doing this altering to seats, is he doing enough work to the vehicle to qualify under 49 CFR 567.7?

2. Will this person become a manufacturer and if so, does he need to comply with 49 CFR 566.5?

3. Can he purchase a new vehicle, do the altering and resell the vehicle or must an owner bring the vehicle to him and have the altering done?

4. Can this altering and recertifying be done only to a new vehicle or can this be done to a used vehicle?

Please review 49 CFR 567.7 and return back to me your opinion on the questions I have listed.

Thank you in advance for your help in this matter.